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COVID-19 Homeowners and Property Owners – Delay in Mortgage Payment

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Propietarios de viviendas y propietarios de COVID-19: Demora en el Pago de la Hipoteca
Para español seleccione aquí (PDF)
Updated 4/14/2020
COVID-19 Homeowners and Property Owners – Delay in Mortgage Payment

On March 18, 2020, the U.S. Department of Housing and Urban Development (HUD) announced that it would suspend foreclosures and evictions for mortgages insured by the Federal Housing Administration (FHA) for 60 days, through May 19, 2020. (see Mortgagee Letter 2020-04). The Federal Housing Finance Agency (FHFA) directed Fannie Mae and Freddie Mac to suspend foreclosures and evictions for at least 60 days due to the coronavirus national emergency. FHFA also announced that Fannie Mae and Freddie Mac would provide payment forbearance to borrowers impacted by the coronavirus. Forbearance allows for a mortgage payment to be suspended for up to 12 months due to hardship caused by the coronavirus.

If you can’t pay your mortgage or are worried about missing a mortgage payment, call your mortgage servicer right away so that a plan can be worked out and implemented quickly. You should also contact a HUD-approved housing counselor to get free, expert assistance on avoiding foreclosure. Be prepared to discuss your income, expenses and assets.

List of banks offering assistance.

Suspension of Foreclosure Action for Occupants of Residential Real Property (Owner occupied units) 

Section 2(a) of National City Eviction Protection Ordinance 2020-2479 (PDF) 

The statutory cause of action for judicial foreclosure, Code of Civil Procedure section 725a et. seq.; the statutory cause of action for unlawful detainer, Code of Civil Procedure section 1162, et. seq., and any other statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential real property after foreclosure is suspended only as applied to any tenancy, or residential real property, and any occupation thereof, in which the eviction is based on the following:

  1. The basis for the eviction is a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income cause by the layoffs or a reduction in the compensable hours of work, or a substantial decrease in business income caused by a reduction of opening hours or consumer demand), or substantial out-of-pocket expenses; and
  2. The decrease in household or business income or the out-of-pocket expenses described above, was caused by the COVID-19 pandemic, or by local, state, or federal government response to COVID-19, and is documented.

This is consistent with California California Governor's Executive Order N-28-20  and HUD’s announcement enacted an eviction moratorium that suspends foreclosure and eviction of the resident from their home for non-payment on their home mortgage.  Please be advised this does not waive or relieve you of your contractual obligation to pay unpaid mortgage payments that are due.